VU THI THUY v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

VU THI THUY v. TORTURE CLAIMS APPEAL BOARD [Decision on Leave Application]

Extension of time was refused and leave dismissed because the applicant was significantly out of time without adequate excuse, the arguable aspects of her case would not succeed given uncontested findings by the Director and Board that the risk was private, localized and that state protection and internal relocation were available, and no legal error or procedural unfairness was established to justify granting leave or extending time.

Citation
[2020] HKCFI 2707
Parties
Applicant: Vu Thi Thuy; Putative Respondent: Torture Claims Appeal Board; Putative Interested Party: Director of Immigration
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2020
Case Number
HCAL1419/2019
Procedural Posture
Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Dismissal of Leave Application
Outcome
Extension of time refused; application for leave to apply for judicial review dismissed
Legal Topics
Non Refoulement, Torture, HKBOR Article 3 (bor 3), HKBOR Article 2 (bor 2), Internal Relocation, Credibility Findings, Judicial Review, Extension of Time, Procedural Fairness
Source Language
EN
Constitutional Law Administrative Law Immigration Law Human Rights Law Non Refoulement Torture HKBOR Article 3 (bor 3) HKBOR Article 2 (bor 2) +5 more

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Parties

Vu Thi Thuy

Applicant

Torture Claims Appeal Board

Putative Respondent

Director of Immigration

Putative Interested Party

Procedural Posture

Application for Leave to Apply for Judicial Review / Decision on Extension of Time and Dismissal of Leave Application

Legal Issues

  1. 1 Whether to extend time for filing application for leave to apply for judicial review under Order 53 r 4(1)
  2. 2 Whether the Board erred in law in finding that the applicant's treatment did not reach the level of torture
  3. 3 Whether the Board acted with procedural unfairness or bias by not obtaining medical evidence and by treating BOR 2 and BOR 3 together

Ratio Decidendi

Extension of time was refused and leave dismissed because the applicant was significantly out of time without adequate excuse, the arguable aspects of her case would not succeed given uncontested findings by the Director and Board that the risk was private, localized and that state protection and internal relocation were available, and no legal error or procedural unfairness was established to justify granting leave or extending time.

Court Disposition

Extension of time refused; application for leave to apply for judicial review dismissed

Orders

  • Extension of time for the application for leave to apply for judicial review refused
  • Application for leave to apply for judicial review dismissed